Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019: Provision of information to certain custodian and authorised persons

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A decision made on 24 January 2020

MINISTERIAL DECISION REFERENCE: MD-HA-2020-0007
Decision Date: 09 January 2020
DECISION SUMMARY TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – provision of information to certain custodian and authorised persons
DECISION SUMMARY AUTHOR:	Senior Policy Officer Strategic Policy, Planning and Performance	IS THE DECISION SUMMARY PUBLIC OR EXEMPT? (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
REPORT TITLE: Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – provision of information to certain custodian and authorised persons
REPORT AUTHOR OR NAME OF PERSON GIVING REPORT: (if different from Decision Summary Author)	Senior Policy Officer Strategic Policy, Planning and Performance	IS THE REPORT PUBLIC OR EXEMPT (if exempt state the relevant article/paragraph of the Freedom of Information Law/Regulations)		Public
DECISION AND REASON FOR THE DECISION: The Minister for Home Affairs approved the provision of motor vehicle registered keeper information by the Inspector of Motor Traffic to: Jane Denny Property Management Le Gallais Estates MFA Jersey Bowl ND-Estates Property Management Services Randalls Voisin-Hunter The provision of this information is for purposes connected to the Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019. Regulation 11(1) of the Regulations permits the Inspector of Motor Traffic to provide information (names and addresses) to certain custodians and authorised persons if those persons have permission from the Minister to request information from him or her. The Minister has decided that these organisations have appropriate arrangements in place to ensure the safekeeping of motor vehicle registered keeper information directly from the Inspector of Motor Traffic.
RESOURCE IMPLICATIONS: The Inspector of Motor Traffic may charge the custodian or authorised person for the release of the information.
ACTION REQUIRED: The Senior Policy Officer to inform the Inspector of Motor Traffic and the approved persons of the decision.
SIGNATURE:			POSITION: Connétable Len Norman Minister for Home Affairs
DATE SIGNED:			EFFECTIVE DATE OF THE DECISION:

Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019: Provision of information to certain custodian and authorised persons

Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 – provision of information to certain custodian and authorised persons

Introduction
1. The Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 came into force on 21st June 2019.
2. Regulation 11(1) of the Regulations permits the Inspector of Motor Traffic to provide information (names and addresses) to certain custodians and authorised persons if those persons have permission from the Minister to request information from him or her.
3. This paper seeks approval from the Minister for the provision of motor vehicle registered keeper information by the Inspector of Motor Traffic to the following organisations:

Jane Denny Property Management
Le Gallais Estates
MFA Jersey Bowl
ND-Estates
Property Management Services
Randalls
Voisin-Hunter

Background
1. The Motor Vehicles (Removal from Private Land) (Jersey) Regulations 2019 enable private landowners to remove motor vehicles from their land where they have been parked or abandoned without permission.
2. Regulation 5 (3) of the regulations allows that ‘if in the opinion of the custodian of a motor vehicle, the motor vehicle appears by virtue of its condition to have been permanently abandoned, the custodian may request permission from the parochial authority in which the motor vehicle has been moved or removed to dispose of the motor vehicle without taking the measures described in paragraphs (5) to (11).’
3. Regulation 6 (2) of the regulations stipulates that ‘Where the authorised person of the private land does not know the name and address of the motor vehicle owner, if the motor vehicle carries a registration mark assigned under the Motor Vehicle Registration (Jersey) Law 1993 [6] the authorised person may request a parochial authority to give to the authorised person the name and address of the person recorded in the register as the motor vehicle owner.’
4. Regulation 11(1) of the Regulations permits the Inspector of Motor Traffic to provide information (names and addresses) to certain custodians and authorised persons if those persons have permission from the Minister to request information from him or her. This is instead of requesting it from a parochial authority in compliance with Regulation 5(3) or 6(2).
5. If the Inspector of Motor Traffic receives a request from a custodian or authorised person who has the permission of the Minister to make a request for that information, the Inspector must provide such information as may be recorded in the register of motor vehicles.
6. This information may only be used for purposes connected with the Regulations, which is limited to the service of notices on persons who are believed to be the owners of motor vehicles that have been left on private land without permission to be there.
7. The Minister previously approved the provision of motor vehicle registered keeper information by the Inspector of Motor Traffic to Andium Homes Limited and Ports of Jersey Limited in June 2019 (MD-HA-2019-0063).
8. The organisations named above have requested the permission of the Minister to request information from the Inspector of Motor Traffic.
9. The Minister has decided that these organisations have appropriate arrangements in place to ensure the safekeeping of motor vehicle registered keeper information directly from the Inspector of Motor Traffic.
Recommendation
1. The Minister is asked to approve the provision of motor vehicle registered keeper information by the Inspector of Motor Traffic to:

Jane Denny Property Management
Le Gallais Estates
MFA Jersey Bowl
ND-Estates
Property Management Services
Randalls
Voisin-Hunter

Senior Policy Officer

9 January 2020.